State v. Jones

Respondent was acquitted in a jury trial of first-degree murder premeditated murder, second-degree specific intent murder, and other charges. Thereafter, the State sought to prosecute Respondent for second-degree felony murder predicated on first-degree assault. Respondent interposed a plea of double jeopardy, which was denied. The Court of Special Appeals reversed, concluding that a subsequent trial for felony murder based upon first-degree assault was barred by the Double Jeopardy Clause. The Court of Appeals affirmed but on different grounds, holding that first-degree assault may not serve as a predicate for second-degree felony murder when that assault is not collateral to the lethal act. In so holding, the Court overruled Roary v. State, which was the foundation and predicate for the State’s charge for second-degree felony murder based on first-degree assault. View "State v. Jones" on Justia Law